The Hindu Succession Act, which governs the distribution of property among Hindus in India, has undergone several amendments to bring about gender equality and address other issues. The concepts of "per capita" and "per stripes" are related to the distribution of property among the legal heirs.
Per Capita Distribution:
- In a per capita distribution, the estate is divided equally among all the living members of a particular generation.
- Each member of the generation receives an equal share, irrespective of their individual needs or the number of children they may have.
- This method is used when the distribution is to be made among individuals of the same generation.
Per Stirpes Distribution:
- In a per stirpes distribution, the estate is divided according to branches or lines of descent.
- The share of a deceased member of the family goes to his or her legal heirs, and it is distributed among them.
- This method is used to ensure that the share of a deceased member is passed on to his or her descendants.
Now, as per the Hindu Succession Act, there have been amendments to make the distribution more equitable. The 2005 amendment to the Act brought significant changes:
- Before the amendment, the distribution was often based on the concept of per capita.
- After the amendment, it introduced the concept of per stirpes, ensuring that if a legal heir predeceased the deceased, their share would pass on to their legal heirs.
In summary, the Hindu Succession Act, post its 2005 amendment, leans towards a per stirpes distribution, ensuring a more equitable distribution of the deceased's estate among the various branches or lines of descent. This amendment was crucial in addressing gender disparities and ensuring fair succession rights for both male and female heirs.
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